- 1 - HC-KAR NC: 2025:KHC-D:13402 MFA No. 101286 of 2015 C/W MFA No. 101287 of 2015 MFA No. 101288 of 2015 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 101286 OF 2015 (MV-) C/W MISCELLANEOUS FIRST APPEAL NO. 101287 OF 2015 MISCELLANEOUS FIRST APPEAL NO. 101288 OF 2015 IN MFA No. 101286/2015 BETWEEN: 1. SHRI. NINGAPPA @ NINGARAJU S/O MALLAPPA MENASAGI, AGE: 17 YEARS, OCC: STUDENT, MINOR REPRESENTED BY NATURAL GUARDIAN MOTHER, SMT. PARVATEVVA W/O MALLAPPA MENASAGI, AGE: 48 YEARS, OCC: HOUSE HOLD, R/O: KUTAKANAKERI, TQ: BADAMI, DIST: BAGALKOT. …APPELLANT (BY SRI. S.S.YALIGAR., ADV) AND: 1. SRI. VEERESH S/O TIPPANNA MANTRI AGE: 32 YEARS, OCC: OWNER OF TUM-TUM AUTO NO.KA-29/5623, R/O: KUTAKANAKERI, TQ: BADAMI, DIST: BAGALKOT. 2. THE DIVISIONAL MANAGER THE NEW INDIA ASSURANCE CO. LTD., OPPOSITE KITTLE COLLEGE TUPPAD BUILDING DHARWAD, POLICY NO.67070031090100200536, VALIDITY 16/11/2009 TO 15/11/2010 …RESPONDENTS (BY SMT PREETI SHASHANK, ADV FOR R2., NOTICE TO R1 IS DISPENSED WITH) MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13402 MFA No. 101286 of 2015 C/W MFA No. 101287 of 2015 MFA No. 101288 of 2015 THIS MFA IS FILED U/S 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:26.06.2013, PASSED IN MVC NO.439/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, MACT-VIII, BADAMI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 101287/2015 BETWEEN: 1. SHRI. MANJUNATH @ MANJAPPA S/O GANGAPPA BAYYAR @ MYADAR, AGE: 28 YEARS, OCC: AGRI, NOW NIL, R/O: KUTAKANAKERI, TQ: BADAMI, DIST: BAGALKOT. ...APPELLANT (BY SRI. S.S.YALIGAR., ADV) AND: 1. SRI. VEERESH S/O TIPPANNA MANTRI, AGE: 32 YEARS, OCC: OWNER OF TUM-TUM AUTO NO.KA-29/5623, R/O: KUTAKANAKERI, TQ: BADAMI, DIST: BAGALKOT. 2. THE DIVISIONAL MANAGER THE NEW INDIA ASSURANCE CO. LTD., OPPOSITE KITTLE COLLEGE, TUPPAD BUILDING DHARWAD, POLICY NO.67070031090100200536 VALIDY 16/11/2009 TO 15/11/2010 ...RESPONDENTS (BY SMT PREETI SHASHANK, ADV FOR R2., NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:26.06.2013, PASSED IN MVC NO.443/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, MACT-VIII, BADAMI, PARTLY ALLOWING THE - 3 - HC-KAR NC: 2025:KHC-D:13402 MFA No. 101286 of 2015 C/W MFA No. 101287 of 2015 MFA No. 101288 of 2015 CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 101288/2015 BETWEEN: 1. SHRI. SHIVAKUMAR @ SHIVAPPA S/O TIPPANNA MANTRI, AGE: 23 YEARS, OCC: AGRI, NOW NIL, R/O: BEHIND KUTAKANAKERI BUSSTAND, TQ: BADAMI, DIST: BAGALKOT. ...APPELLANT (BY SRI. S.S.YALIGAR.,ADVOCATE) AND: 1. SRI. VEERESH S/O TIPPANNA MANTRI, AGE: 32 YEARS, OCC: OWNER OF TUM-TUM AUTO NO.KA-29/5623, R/O: KUTAKANAKERI, TQ: BADAMI, DIST: BAGALKOT. 2. THE DIVISIONAL MANAGER THE NEW INDIA ASSURANCE CO. LTD., OPPOSITE KITTLE COLLEGE, TUPPAD BUILDING DHARWAD, POLICY NO.67070031090100200536 VALIDY 16/11/2009 TO 15/11/2010 ...RESPONDENTS (BY SMT PREETI SHASHANK, ADV FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:26.06.2013, PASSED IN MVC NO.437/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, MACT-VIII, BADAMI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:13402 MFA No. 101286 of 2015 C/W MFA No. 101287 of 2015 MFA No. 101288 of 2015 CORAM: HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT These appeals are filed by the petitioners challenging the common judgment and award dated 26.06.2013 passed in MVCs No.439/2011, 443/2011 and 437/2011 by the learned Senior Civil Judge and MACT-VIII, Badami (‘Tribunal’ for short). 2. Brief facts leading rise to the filing of this appeal are as follows: 2.1. The petitioners, on 21.02.2010, in order to go to Hangargi on their work, they were standing near the road. At that time, an auto-rickshaw bearing Reg.No.KA-29/5623 came there. All the petitioners boarded into the auto-rickshaw. The driver of the auto- rickshaw drove the same in a rash and negligent manner, lost his control over it and the auto-rickshaw fell down and turned turtle. As a result, the petitioners have sustained the injuries and filed a claim petition under Section 166 of - 5 - HC-KAR NC: 2025:KHC-D:13402 MFA No. 101286 of 2015 C/W MFA No. 101287 of 2015 MFA No. 101288 of 2015 the Motor Vehicles Act, 1988 seeking compensation on account of the injuries sustained in the road traffic accident. 3. Notice was issued by the Tribunal to the owner of the offending vehicle. Despite the service of notice, he remained unrepresented and was placed ex-parte. 4. The Insurance Company filed a statement of objections denying the averments made in the claim petition and contended that, the driver of the offending vehicle was not possessing a valid and effective driving licence as of the date of accident. There is a breach of policy conditions. Hence, prays to dismiss the claim petition against the Insurance Company. 5. The Tribunal clubbed the claim petitions and framed the separate issues. 6. The petitioners, to substantiate their case, the guardian of the petitioner in MVC No.439/2011, petitioner in MVC No.437/2011 and petitioner in MVC No.443/2011 - 6 - HC-KAR NC: 2025:KHC-D:13402 MFA No. 101286 of 2015 C/W MFA No. 101287 of 2015 MFA No. 101288 of 2015 were examined as PWs-1 to 3, they examined the Doctor as PW-4 and marked 32 documents as Exs.P1 to P32. In rebuttal, the Insurance Company examined its Officer as RW-1 and marked 2 documents as Exs.R1 and R2. 7. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petitions in part and awarded the compensations of Rs.30,000/- in MVC No.439/2011, Rs.5,000/- in MVC No.437/2011 and Rs.10,500/- in MVC No.443/2011. The owner and the insurer of the offending vehicle were held liable to pay compensation to the petitioners. 8. The petitioners, being dissatisfied with the quantum of compensation amounts awarded by the Tribunal, filed these appeals. 9. Heard the arguments of learned counsel for the petitioners and also the learned counsel for the Insurance Company. - 7 - HC-KAR NC: 2025:KHC-D:13402 MFA No. 101286 of 2015 C/W MFA No. 101287 of 2015 MFA No. 101288 of 2015 10. Learned counsel for the petitioners submits that, the compensation amounts awarded by the Tribunal are on the lower side. Hence, on this ground, he prays to allow the appeal. 11. Per contra, learned counsel for the Insurance Company supported the impugned judgment and award and contended that, the compensation amounts awarded by the Tribunal are just and proper. Hence, she prays to dismiss the appeals. 12. Perused the records and considered the submissions of the learned counsel for the parties. The point that arises for consideration is regarding the quantum of compensation. 13. There is no dispute about the occurrence of accident and the petitioners having sustained the injuries in the road traffic accident. The petitioners, in order to prove their disabilities, examine the Doctor as PW-4. From the perusal of wound certificates marked as Exs.P8, - 8 - HC-KAR NC: 2025:KHC-D:13402 MFA No. 101286 of 2015 C/W MFA No. 101287 of 2015 MFA No. 101288 of 2015 P21 and P30, disclose that the injuries sustained by the petitioners are simple in nature. The Tribunal, considering the nature of injuries suffered by the petitioners, has awarded the global compensation amounts. Considering the nature of the injuries suffered by the petitioners, this Court is of the opinion that the compensation amounts awarded by the Tribunal are on the lower side. This Court awards global compensation amounts to the petitioners as follows: i. Rs.60,000/- to the petitioner in MVC No.439/2011 (MFA No.101286/2015); ii. Rs.25,000/- to the petitioner in MVC No.443/2011 (MFA No.101287/2015); iii. Rs.15,000/- to the petitioner in MVC No.437/2011 (MFA No.101288/2015). 14. In view of the above discussion, I proceed to pass the following: ORDER i. The appeals are allowed in part; - 9 - HC-KAR NC: 2025:KHC-D:13402 MFA No. 101286 of 2015 C/W MFA No. 101287 of 2015 MFA No. 101288 of 2015 ii. The judgment and awards passed by the Tribunal, is hereby modified; iii. The petitioner in MVC No.439/2011 is entitled for global compensation of Rs.60,000/-, the petitioner in MVC No.443/2011 is entitled for global compensation of Rs.25,000/-, the petitioner in MVC No.437/2011 is entitled for global compensation of Rs.15,000/- along with interest at the rate of 6% p.a. from the date of petition till the realisation of the amounts; iv. The petitioners are not entitled to the interest for a period of 575 days in MFA No. 101286/2011, 559 days in MFA No. 101287/2015 and 575 days in MFA No. 101288/2015; v. The Insurance Company is directed to deposit the compensation amounts with accrued interest within 8 weeks from the date of receipt of a copy of this judgment; vi. Trial Court records be transmitted to the Tribunal, forthwith; - 10 - HC-KAR NC: 2025:KHC-D:13402 MFA No. 101286 of 2015 C/W MFA No. 101287 of 2015 MFA No. 101288 of 2015 vii. Pending interlocutory application(s), if any, shall stand disposed of. Sd/- (ASHOK S. KINAGI) JUDGE PA CT: BSB | List No.: 1 Sl No.: 15